All Articles
Everything MLRC has published, in any publication, since 2017.
Ten Questions to a Media Lawyer
Natalie SpearsDentons attorney on the Hill Street Blues character who piqued her interest in law; the excitement of doc review and righteous access motions for a young associate; her identical twin sister; Chicago must-sees and more.
The Other Side of Leak Investigations: Defending the Press and Reporters
Eric R. Nitz & Kenneth E. Notter IIIThe Department of Justice has a variety of statutes at its disposal to investigate and potentially prosecute government employees who leak and the journalists who receive leaked information. Yet with skilled counsel, targets of leak investigations can successfully navigate these investigations by following certain best practices and staying ahead of the likely trends in leak…
A Movie on How ABC Covered the Massacre of Israeli Athletes at the 1972 Munich Olympics
George FreemanThe film presents many journalistic ethical questions which perhaps first played out in this dramatic 1972 situation, but have recurred often since then; and, perhaps most important in these depressing times where the media has been beaten down by everyone from the President to voices of public opinion, it makes journalists look good, if not…
Ninth Circuit Reverses Copyright Lawsuit Against Aritzia, Opening Up Possibility of Copyright Protection for Kinetic Sculpture
Rachel OhThe Ninth Circuit noted that “copyrightability of kinetic and manipulable sculptures” is “an area of copyright law that has not yet received much attention” and “may be better informed with a more complete factual record.”
New Jersey Supreme Court Ensures Body-Worn Camera Video Access
CJ GriffinThe first New Jersey Supreme Court decision interpreting the state’s new Body-Worn Camera Law scales back prior case law that limited access to criminal investigation records and provides clarity regarding some of the law’s provisions.
Former Northwestern Baseball Coach’s Defamation Claim Dismissed with Prejudice
Julia DacyThe Tribune argued that the Illinois innocent construction rule required dismissal of all claims because the statements describing Foster’s coaching style as tough or demanding did not necessarily call into question his integrity or ability to do his job.
Defamation Lawsuit against Baby Reindeer Survives Motion to Dismiss
Rachel OhThe court held that plaintiff, Scottish law graduate Fiona Harvey, sufficiently pled that the series was “of and concerning” her and published with actual malice. Key to the court’s ruling was an opening title card stating “this is a true story” which it found outweighed a disclaimer at the end of each episode that the…
Court Dismisses Implied Defamation Claims Brought by Former Principal in New York Philharmonic
Kate Bolger and Mary GoetzThe opinion from the Southern District of New York found that neither a longform article nor statements made by its author on a podcast intended to imply defamatory statements about the plaintiff.
Fox News SLAPPs Defamation Suit, Wins Attorney Fees in District Court
Matt KristoffersenA former Hunter Biden business partner faced a double loss in the Southern District of New York late last year. Anthony Bobulinski’s $30 million defamation lawsuit against Fox News’s Jessica Tarlov, filed after the co-host of “The Five” said that a Trump Super PAC paid his legal fees, couldn’t survive a motion to dismiss under…
Ohio Enacts Anti-SLAPP Law
Kevin T. ShookFor years, the absence of an Anti-SLAPP law left Ohio news outlets vulnerable to lawsuits bankrolled by powerful interests seeking to suppress truthful reporting. The state's new law aims to level the playing field.
In Texas, Free-Speech Advocates Gear Up for Another Anti-SLAPP Fight
Laura Prather and Reid PillifantWith big money and political influence still pushing SB 336, free speech advocates expect another bitter fight that could go the full 140 days.
Truth, Information Quality, and the Increasingly Complex Work of the MLRC
Jeff HermesThe value of truth is not always as useful a signpost as it once was when thinking about the First Amendment.
Utah Court Dismisses Defamation Suit Against Newspaper Under Uniform Public Expression Protection Act
Jeffrey J. Hunt, David C. Reymann, and Tammy M. FrisbyA Utah state district court recently dismissed a defamation lawsuit brought against a weekly newspaper in what is believed to be the first application of the state’s new Uniform Public Expression Protection Act (UPEPA) to news reporting.
Second Circuit Affirms Dismissal of Defamation Case Against Newsweek
Cameron Stracher and Sara TesorieroThe Second Circuit has affirmed the dismissal of a defamation claim against Newsweek on substantial truth and fair report grounds.
Ten Questions to a Media Lawyer
Mark CaramanicaFlorida lawyer on his start in the business, key cases, favorite podcasts and karaoke picks.
Australia Adopts Statutory Tort for Serious Invasions of Privacy
Patrick Considine and Peter BartlettThis new cause of action empowers individuals to sue another person or entity where that person or entity invaded the individual’s privacy by intruding upon their seclusion or misusing information relating to them.
Sarah Palin’s Second Chance to Try Libel Case Against The New York Times Set for April
Tim TaiThe move comes after a panel of the U.S. Court of Appeals for the Second Circuit threw out a jury verdict and the judge’s own Rule 50 decision for The Times in August, reviving Palin’s case.
Defamation Suit Over Nancy Grace True Crime Show and Podcast Dismissed
Mary Ellen Roy and Elana BeiserConsidering the allegedly defamatory statements as a whole in the context in which they were made, the Court held that they are not defamatory because they are not “of and concerning” the Plaintiffs, are substantially true, and/or are opinion on disclosed facts.
TikTok Falls Under the Long Shadow of Holder
Jeff HermesThis case presents what I have started to think about as a First Amendment checksum error: If you interpret the First Amendment as not only permitting but actually justifying greater government control over the content of speech, then you know there is an error in your analysis even if you can’t pinpoint it.
Santa’s Gift List for Media Players Naughty and Nice
George FreemanMLRC executive director dons his Santa cap and distributes gifts to the year's biggest newsmakers.
